Bennett et al v. Biotronik, Inc.

Filing 12

ORDER signed by Judge Kimberly J. Mueller on 3/2/15 ORDERING that the complaint be unsealed and served upon the defendant by the relator. The seal be lifted as to all other matters occurring in this action after the date of this Order. The parties s hall serve all pleadings and motions filed in this action. The United States may order any deposition transcripts and is entitled to intervene in this action, for good cause, at any time. The parties shall serve all notices of appeal upon the United States. All orders of this Court shall be sent to the United States. Should the relator or the defendant propose that this action be dismissed, settled, or otherwise discontinued, the Court will provide the United States with notice and an opportunity to be heard before ruling or granting its approval. (Kastilahn, A)

1 BENJAMIN B. WAGNER
United States Attorney
2 CATHERINE J. SWANN
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, California 95814
4 Telephone: [phone]
Facsimile: [phone]
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6 Attorneys for the United States of America
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THE UNITED STATES OF AMERICA; THE
STATES OF CALIFORNIA, COLORADO,
CONNECTICUT, DELAWARE, FLORIDA,
GEORGIA, HAWAII, ILLINOIS, INDIANA,
IOWA, LOUISIANA, MARYLAND,
MICHIGAN, MINNESOTA, MONTANA,
NEVADA, NEW JERSEY, NEW MEXICO,
NEW YORK, NORTH CAROLINA,
OKLAHOMA, RHODE ISLAND,
TENNESSEE, TEXAS, WASHINGTON, and
WISCONSIN; THE COMMONWEALTHS OF
MASSACHUSETTS and VIRGINIA; and THE
DISTRICT OF COLUMBIA,

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ex rel. MAX BENNETT,

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Plaintiffs,

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2: 14-CV-2407 KJM EFB
ORDER ON UNITED STATES’
NOTICE OF ELECTION TO DECLINE
INTERVENTION
FILED UNDER SEAL

vs.
BIOTRONIK, INC.,

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Defendant.

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The United States having declined to intervene in this action pursuant to the False Claims

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25 Act, 31 U.S.C. § 3730(b)(4)(B), the Court rules as follows:
26 IT IS ORDERED that,
1. The complaint be unsealed and served upon the defendant by the relator;

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ORDER ON UNITED STATES
NOTICE OF ELECTION TO DECLINE INTERVENTION

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2. The seal be lifted as to all other matters occurring in this action after the date of this

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Order;

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3. The parties shall serve all pleadings and motions filed in this action, including supporting

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memoranda, upon the United States, as provided for in 31 U.S.C. § 3730(c)(3). The United

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States may order any deposition transcripts and is entitled to intervene in this action, for good

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cause, at any time;

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4. The parties shall serve all notices of appeal upon the United States;

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5. All orders of this Court shall be sent to the United States; and that

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6. Should the relator or the defendant propose that this action be dismissed, settled, or

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otherwise discontinued, the Court will provide the United States with notice and an

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opportunity to be heard before ruling or granting its approval.

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IT IS SO ORDERED.

14 DATE: March 2, 2015.
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UNITED STATES DISTRICT JUDGE

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ORDER ON UNITED STATES
NOTICE OF ELECTION TO DECLINE INTERVENTION

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